| Abstract [eng] |
The main purpose of master‘s work „The party's duty to provide the encouragement of the procedure and the procedural consequences of a failure to carry out this duty“ is by making the analysis of its assumptions of formation and the concept as well as the measures for its implementation and the legal consequences of default, in oreder to set this obligations problematic aspects of implementation, to assess its relationship with the principles of civil procedure as well as the proportionality and the expedience of the sanctions applied. In order to achieve that objective case-law and the analysis of the scientific literature as well as Lithuanian and foreign comparison of legal regulation. The work consists of an introduction, three parts and conclusion. The first parts in the analysis of the party's obligation to take care of the process of promoting the concept and the formation of the assumptions and the relationship with the civil procedure law, stated that the country concerned is the duty of the concentration principle part, directly related to the cooperation and the process of expediting implementation of the principles and have had an impact on the adversarial and party disposition principles of flexibility unfolding. The second part deals with the party's obligation to take care of the process of promoting the importance of preparation for a case to the court stage, when at the proper of the obligation fulfillment, during the final forming requirements and ensuring that the process will take place through a representative, if the same party will not be able to come to the hearing, the case will be investigated already at the first hearing. The third part analyzes the party's breach no consequences in terms of the default judgment making the court the right to refuse to accept delay in the evidence and the fine effectiveness, proportionality and their application problematic aspects, together with attention to the court's prerogative to recognize the absence from the meeting of the causes relevant to its interpretation of the obligation importance, at the same time 2017-07-01 reviewing the CCP into force of amendments and additions to influence the party's obligation to take care of the promotion and the implementation of the legal consequences of default. |
